What are the causes of action alleged in the amended statement of claim?

Ontario, Canada


The following excerpt is from Leadbeater v. Ontario, 2001 CanLII 28341 (ON SC):

I now turn to a consideration of the various causes of action alleged in the amended statement of claim. First, and foremost, is the claim of malicious prosecution. I earlier referred to the four-part test in Nelles v. Ontario, supra, in which Mr. Justice Lamer set out the elements that must be proved to succeed in an action for malicious prosecution at p. 20 C.R.R., pp. 192-93 S.C.R.: There are four necessary elements which must be proved for a plaintiff to succeed in an action for malicious prosecution: (a) the proceedings must have been initiated by the defendant; (b) the proceedings must have terminated in favour of the plaintiff; (c) the absence of reasonable and probable cause; (d) malice, or a primary purpose other than that of carrying the law into effect.

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